HomeMy WebLinkAbout20071047 RESOLUTION
RE: APPROVE AMENDMENT #2 TO EARLY AND PERIODIC SCREENING, DIAGNOSIS,
AND TREATMENT(EPSDT)PROGRAM CONTRACT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment#2 to the Early and Periodic
Screening, Diagnosis, and Treatment(EPSDT) Program Contract between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Weld County Department of Public Health and Environment, and the Colorado Department
of Public Health and Environment, commencing July 1, 2007, and ending June 30, 2008, with
further terms and conditions being as stated in said amendment , and
WHEREAS,after review,the Board deems it advisable to approve said amendment,a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Amendment #2 to the Early and Periodic Screening, Diagnosis, and
Treatment (EPSDT) Program Contract between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Health and Environment, and the Colorado Department of Public Health and
Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment .
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of April, A.D., 2007.
BOAR OF COUNTY COMMISSIONERS
•':I )4.,La WELD UNTY COLOR O
_�® �\ j D
ATTEST: ��r� tau/ / I ` - � 11,
avid E. Long, Chair
Weld County Clerk to the
rl,t �, William ro-Tem
De y Cle to the Bo-r.. L /
W �am F. Garcia
APP AST (\rt�,� U V
Robert . Masden
f2 unty A to ney iii ,� (n r
I Douglas ademach
Date of signature: 4I y3fol
2007-1047
HL0034
Memorandum
TO: David E. Long, Chair
Board of County Commissioners
' C FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health(i.
Environment \palw
•
COLORADO DATE: April 12, 2007
SUBJECT: Amendment#2 to the Contract for the
EPSDT Program
Enclosed for Board review and approval is Amendment#2 to the contract between the Weld
County Board of Commissioners and the State of Colorado, Department of Health Care Policy
and Financing (HCPF) for the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
Program.
Funding from this contract will be used to provide case management, outreach, and support
services for children ages birth to 21 who are on Medicaid in the northeast region of Colorado.
Emphasis is on educating families about age appropriate well child services and helping them
utilize these services which are available in our community. For these activities, Weld County
will be reimbursed a sum not to exceed $125,317 for the time period July 1, 2007 through
June 30, 2008.
I recommend your approval of this amendment.
Enclosure
2007-1047
Agency or Department Name
Health Care Policy & Financing
Department or Agency Number
UHA
Contract Routing Number
2108-9038
CONTRACT AMENDMENT NUMBER 2
THIS AMENDMENT, made this first day of March 2007, by and between the State of Colorado
for the use and benefit of the Department of Health Care Policy and Financing, 1570 Grant
Street, Denver, Colorado 80203, hereinafter referred to as the Department, and Board of County
Commissioners of Weld County, located at 1555 North 17th Avenue, Greeley, Colorado 80631,
hereinafter referred to as the Contractor.
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment; and
Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and
The parties entered into a contract dated May 1, 2005, to provide Early and Periodic, Screening,
Diagnosis and treatment (EPSDT) outreach and case management services. The purpose of this
amendment is to revise and clarify the scope of work, extend the performance period, increase
the not to exceed amount, change the name of the Department's representative, and replace the
Special Provisions.
NOW THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the original contract, Contract Routing Number
2106-0119, CLIN 06 UHA 00042, dated May 1, 2005, consists of the payments, which
shall be made pursuant to this amendment and the promises, and agreements herein set
forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original
contract, Contract Routing Number 2106-0119, CLIN 06 UHA 00042, dated May 1,
2005, and Contract Amendment 1, Contract Routing Number 2107-9020, CLIN 07 UHA
00020, dated March 1, 2006, collectively referred to herein as the "original contract",
which is, by this reference, incorporated herein, that all terms, conditions, and provisions
thereof, unless specifically modified herein, are to apply to this amendment as though
they were expressly rewritten, incorporated, and included herein.
3. It is agreed the original contract is and shall be modified, altered, and changed in the
following respects only:
a. Section II.I. — Required Trainings shall be deleted and replaced with the
following:
The Contractor shall require local EPSDT Outreach Coordinators and/or
supervisors to attend, in person or by phone, at least five of six monthly EPSDT
Outreach training sessions conducted by the Department.
b. The performance period set forth in Section III.B. shall be extended through June
30, 2008.
c. The not to exceed amount set forth in Section III.C.1. shall be increased by
$125,317.00 for a cumulative not to exceed amount of$373,951.00.
d. Section III.D. — Billing/Payment Procedure shall be amended by deleting the first
sentence and replacing it with the following:
The Department shall pay only reasonable, allocable and allowable direct costs
related to performing the scope of work set forth in this contract. Any other costs,
whether direct or indirect, such as more than 0.20 FTE per month for supervision
of Outreach and Case Management services, overhead, janitorial services, rent,
toys, gifts or other expenses unrelated to Outreach and Case Management
services, are not allowable costs under this contract.
e. Sections II.M.1. and 3. shall be amended by changing the Department's
representative to Margaret Mohan.
f. The Special Provisions page 20 of 21 shall be replaced with the attached Special
Provisions pages 20a and 20b of 21.
g. Section M.2.b. of the HIPAA Business Associate Addendum shall be amended by
changing the Covered Entity representative to Margaret Mohan.
4. The effective date of this amendment is upon approval of the State Controller, or July 1,
2007, whichever is later.
5. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance,
or contradiction between the provisions of this amendment and any of the provisions of
the original contract, the provisions of this amendment shall in all respects supersede,
govern, and control. The "Special Provisions" shall always be controlling over other
provisions in the contract or amendments. The representations in the Special Provisions
concerning the absence of bribery or corrupt influences and personal interest of State
employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT
FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING
APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE.
Page 2 of 3
-
IN WITNESS WHEREOF,the parties hereto have executed this amendment on the day first
above written.
Contractor State of Colorado
Board of County Commissioners of Weld Bill Ritter, Jr., Governor
Count I1 .
(Full al Name)
B
Jo enneberry
(Signature of Individual) APR 1 6 2007 Executive Director
David E. Lon DEPARTMENT OF HEALTH CARE
(Name of Individual) POLICY &FINANCING
Attorney General,John W. Suthers
Chair
Position(Title)
By k A.
84-6000-813
Social Security Number or Date
Federal Employer ID Number
Attestation: fEL
/S
t J�nq�1861 C.•
By:
Corporate Secre , , or Equivalent, • ?.7 P• ^y+
Town/City/Cou gerk , ii,'j"
ESTtau- BOARD OF COON . 1 Y;,
COMMISSIONER SIGNATURES ONLY
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor
is not authorized to begin performance until the contract is signed and dated below. If
performance begins prior to the date below, the State of Colorado may not be obligated to pay for
goods and/or services provided.
State Controller,
Leslie M. Shenefelt
By: WELD COUNTY DEPARTMENT OF
P LIC H L ND
Date: / 0 7
BY:
Mark E. Wallace, MD, MPH•Dir o
Page 3 of 3
.2402--1,0517
SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1).
This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any
act or omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado
Governmental Immunity Act,CRS 24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. 2671 et seq.,as applicable,
as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor
any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall
pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state
pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment
insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise
provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'
compensation (and provide proof of such insurance when requested by the state) and unemployment compensation
insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION.
Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination
and unfair employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in
any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the
operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of
execution. At all times during the performance of this contract,Contractor shall strictly adhere to all applicable federal and
State laws,rules,and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202(1)and 24-30-202.4.
The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system
for: (a)unpaid child support debt or child support arrearages;(b) unpaid balances of tax, accrued interest,or other charges
specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts owing to
the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State
Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies
that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent
such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the State may
exercise any remedy available at law or equity or under this contract,including,without limitation,immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and CRS 24-50-507.
The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in
the service or property described in this contract.
Revised October 25,2006 Effective Date of Special Provisions:August 7,2006
Page 20a of 21 HCPF LAN version,October 25,2006
• SPECIAL PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.)
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS-PUBLIC CONTRACTS FOR SERVICES
AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101.
Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that
fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any
illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-
17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-
17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision
or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and
consequential damages.
Contractor, if a natural person eighteen (1 8)years of age or older,hereby swears or affirms under penalty of perjury that he
or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the
provisions of CRS 24-76.5-101 et seq.,and(iii)shall produce one form of identification required by CRS 24-76.5-103 prior
to the effective date of this contract.
Revised October 25,2006 Effective Date of Special Provisions:August 7,2006
Page 20b of 21 HCPF LAN version,October 25,2006
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